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A Parent's Guide to Juvenile Transfer in Virginia

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A Parent's Guide to Juvenile Transfer in Virginia A Parent’s Guide to Juvenile Transfer in Virginia JustChildren, Legal Aid Justice Center 1000 Preston Avenue Charlottesville, Virginia 22903 434.977.0553 www.justice4all.org Campaign for Youth Justice 1012 14th St. NW, Suite 6 Washington, D.C. 20005 202.558.3580 www.campaignforyouthjustice.org Written & edited by Amy Woolard, Principle Author Abigail Turner Phillip T. Storey Andrew K. Block Alison M. Crane Jessica Sandoval December 2007 Introduction n Virginia, if your child is at least 14 years old and is charged with certain serious felonies, he or she may be prosecuted in the adult Icriminal court system, a process called juvenile transfer. Upon transfer to adult court, your child will be treated as an adult in the court. Transfer brings a different set of rights, restrictions and proce- dures than in the juvenile system. If you think this sounds serious, you’re right—the adult court Special thanks and appreciation to the fol- and adult prison systems are no place for children. Youths who are lowing for their support of this endeavor: tried and sentenced in the adult system live their daily lives among adult criminals, and are more likely to become repeat offenders than children placed in the juvenile system. While not perfect, the juvenile justice system strives to provide kids with treatment and rehabilitation. Parents of children involved in the courts who The juvenile system offers educational and mental health services suit- advised us on the content and format of the ed to a child’s age and experience—these are often scarce in the adult prison system. transfer guide. With this handbook, we aim to guide you through what is often Butler Family Fund a stressful and complicated process. Along the way, we hope to answer your questions, offer resources, and provide you with information and Public Welfare Fund materials so that you can better prepare and support your child and your child’s attorney during this difficult time. The chapters trace a child’s path through the justice system, of- fering information and assistance at each stage of the process. We’ve also provided tools such as blank pages for notes, detachable cards, and folder pockets, so that you may use this manual as more than just a ref- erence. All of the terms appearing in bold type are defined in our Glos- sary section. Your presence, support, and involvement will be invaluable to your child’s future, no matter the outcome of his or her current situ- ation. i. Table of Contents Table of Contents Cast of Characters.................................................................................1 Resources................................................................................................53 In the Beginning...................................................................................4 National and Regional Organizations..........................................53 The Intake Process....................................................................5 How to take Action.....................................................................60 The Detention Hearing............................................................7 What you can do to help..........................................................9 Notes......................................................................................11 Parting Thoughts.....................................................................................64 The Preliminary Stages........................................................................15 Glossary...................................................................................................65 The Preliminary Hearing.........................................................16 What is Juvenile Transfer?........................................................17 A Brief History of Transfer.......................................................18 Appendix.................................................................................................77 Breaking Down the Law into its Parts......................................19 “Once an Adult, Always an Adult”...........................................24 Ancillary Charges.....................................................................25 Notes......................................................................................................85 Appealing the Transfer Decision...............................................26 What you can do to help..........................................................27 Notes........................................................................................29 The Final Stages....................................................................................33 The Criminal Trial....................................................................34 What you can do to help..........................................................35 The Sentencing Hearing...........................................................37 Incarceration Issues...................................................................41 Protecting Your Child’s Rights..................................................45 Coming Home.........................................................................46 Notes........................................................................................49 ii. iii. Cast of Characters Probation Officer: Your child may be assigned a probation officer by the Court Service Unit. This person may Commonwealth’s attorney: In Vir- write a report to the juvenile court ginia, the prosecuting attorney is called about your child, including a recom- a “Commonwealth’s attorney,” because mendation about whether the child Virginia is a Commonwealth, rather than can benefit from the juvenile correc- Victim-Witness Advocate: If your state. If your child is prosecuted in adult Investigating Officer(s): During the tions system. The probation officer child is charged with a crime against (circuit) court, a Commonwealth’s attor- initial investigation of the suspected may also be called upon to make another person, you may see a vic- ney will handle the case against him or offense, your child will be questioned recommendations to the court on tim-witness advocate in the court- her. The Commonwealth’s attorney often by police officers. Remember that your whether or not your child should be room along with the person who holds a great deal of power in determin- child has the right to remain silent dur- released pending trial or sentencing, is alleging the charges against your ing whether or not your child will be ing this time, and also has the right at various stages of his or her case. If child. The advocate’s job is to counsel prosecuted as an adult. to an attorney. The court will appoint your child is convicted, the proba- and support this person throughout a public defender or court-appointed tion officer is responsible for helping the process; they will work with the lawyer for your child if you qualify as your child to take advantage of any Commonwealth’s attorney and law low-income. It’s best to consult with an required or recommended services, enforcement officers to help this per- attorney before encouraging your child like drug counseling, community son. The advocate will also help the to answer potentially incriminating service or job training. this person to write a “victim impact questions. statement,” which may work against Intake Officer: The intake officer Public Defender/Court-Ap- your child during detention, transfer, serves in the Court Service Unit. He or pointed Attorney: If your child is and sentencing hearings. she decides whether to divert the initial arrested, or if charges are filed, the complaint in order to provide informal court may appoint a public defender sanctions on a juvenile, to dismiss the Judge: During your child’s experience or other attorney to represent him complaint for lack of merit, or to file a with the justice system, your child may or her if you cannot afford a private petition against the juvenile. In addition appear before several judges, depending lawyer. As a parent, you should en- to intake, the Court Service Unit oversees on the charges filed. Most commonly, a courage your child to be as honest as probation and parole officers; community, juvenile will first appear before a judge possible with the lawyer appointed to substance abuse and mental health ser- in the Juvenile and Domestic Relations his or her case. Any information your vices for indigent or court-ordered clients; court. If your child is transferred to the child gives will be confidential and and pre-trial services, among other pro- adult system, he or she will appear before will be a secret between the lawyer grams. a circuit court judge, who will most likely and your child. Your child’s lawyer preside over the case after that. may not tell this information even to you as the parent. 1. 2. The process Suspicion of In the Beginning begins: offense How does my child first come into contact with the court system? Arrest/ A child enters the justice system when a complaint is filed against Complaint him or her by a parent, citizen, or agency (a school, for example), or through contact with the police. ◊ If this first contact is with the police, an officer can choose either Intake to counsel and then release the child, or to arrest the child. The seriousness of the crime and the child’s prior charges are important factors in the officer’s decision. ◊ If a parent, agency or other citizen files the complaint, then the Informal Action/ File Petition No
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